How to file for Child Support? Very irresponsible Dad!

[Vince and Cheryl 1]

True. True. I shouldn't take what is said in the forum on complex family issues at face value. Dad could be an upstanding guy. If he is and mom has denied him access to his son, he could turn the table on her.

Nothing was denied to him and nothing to sugar coat. I just really needed to know what i can do when i get to LA since im from Manila and dont know the process there Thanks for the advice tho

[Vince and Cheryl 1]

You don't need an attorney for a child support matter in California. If you're a resident of LA County, go to LA County Child Support Services Department to request their services.

This is all I need to know Thank you very much

[Vince and Cheryl 1]

I am not trying to offend you and I have nothing against you - I should be clearer. Family law issues do not often arise on immigration law forums like VisaJourney. There are other forums that does deal with family law issues where you may be able to get better information. That is what I meant. By no means did I want to convey that you shouldn't ask for help here. You would probably get better answers on a family law forum.

Sorry for causing you pain. Good luck.

Here are some family law forums that do deal with child custody and support;

http://www.expertlaw.com/forums/showthread.php?t=9808

http://forum.freeadvice.com/child-support-98/

No harm done. Its all good. Ill definitely look into that. Thanks once again.

[LIFE'SJOURNEY 970]

Cheryl, how is your child coming to the US, as a USC or via a visa against the K1, K2? If its the latter, you and the US Embassy may have taken the fathers right away from him. That is why you needs to consult a family lawyer regarding this.

[aaron2020 11,651]

Wow. Thats a totally different story. But thanks. Just proves that there are different opinions from people. I still appreciate this tho. Debate is good. But no need because nothing you stated was true. We are friends until now and he is free to talk and see his son anytime he wants. That was never taken from. He will always be the father of my child and our child doesnt have to suffer just because we didnt work out i just need to know what we need to do so my child will be protected in terms of financial support. Thats his right as his son. I just dont like to continue begging for support because thats his responsibility. I will definitely see a lawyer for this. Thanks for your advice

The advice is more of a cautionary tale.

When it comes to suing a father for child support - you really can't control what the father will say in court. He could assert that you have denied him access to his son. How is the judge to determine which of you two is telling the truth?

For many people who go to court, they think the truth will win out. That's something not true. Sometimes, the judge will believe the other side.

So by suing for child support (which I think your son is totally entitled to ), you do open up the possibility that your son's father may ask for custody.

Consulting with a lawyer on such a complex and emotional matter is a very good idea. I would never go to family court without a lawyer; I'm not going to cheap out when my child's well being is at stake.

Good luck to you and your son. Hope your son's father does the right thing by his son.

Edited February 21, 2012 by aaron2020

[aaron2020 11,651]

Cheryl, how is your child coming to the US, as a USC or via a visa against the K1, K2? If its the latter, you and the US Embassy may have taken the fathers right away from him. That is why you needs to consult a family lawyer regarding this.

How does granting the child a K1 or CR-1 to enter the US, or the child entering the US as a US citizen impact the father's rights??? The US State Department and the US Embassy has no authority over family laws. How the child got the the US is irrelevant to the father's rights. The US Embassy cannot take the father's rights away from him.

Edited February 21, 2012 by aaron2020

[Vince and Cheryl 1]

Cheryl, how is your child coming to the US, as a USC or via a visa against the K1, K2? If its the latter, you and the US Embassy may have taken the fathers right away from him. That is why you needs to consult a family lawyer regarding this.

Under the K2 visa. I think it will only be like that when my husband adopts my child. Ill definitely consult a lawyer. Thanks so much for your reply

[LIFE'SJOURNEY 970]

How does granting the child a K1 or CR-1 to enter the US, or the child entering the US as a US citizen impact the father's rights??? The US State Department and the US Embassy has no authority over family laws. How the child got the the US is irrelevant to the father's rights. The US Embassy cannot take the father's rights away from him.

aaron, if the PHil granted her sole custody of the said child,the fathers rights have been removed.

[Vince and Cheryl 1]

The advice is more of a cautionary tale.

When it comes to suing a father for child support - you really can't control what the father will say in court. He could assert that you have denied him access to his son. How is the judge to determine which of you two is telling the truth?

For many people who go to court, they think the truth will win out. That's something not true. Sometimes, the judge will believe the other side.

So by suing for child support (which I think your son is totally entitled to ), you do open up the possibility that your son's father may ask for custody.

Consulting with a lawyer on such a complex and emotional matter is a very good idea. I would never go to family court without a lawyer; I'm not going to cheap out when my child's well being is at stake.

Good luck to you and your son. Hope your son's father does the right thing by his son.

We will pray for that thanks

[LIFE'SJOURNEY 970]

The father could agrue that his rights as a parent was ignored, since the Phil granted the mother sole custody/physical custody without consulting him. The mother knew of the said parent and how the absent father could be reached. It is and will be in the mothers best interest to consult with a family lawyer.

[aaron2020 11,651]

aaron, if the PHil granted her sole custody of the said child,the fathers rights have been removed.

That Philippines laws. That's not the US Embassy. Under Philippines laws, the father has essentially no rights when a child is illegitimate. The US Embassy would only be following Philippines laws on custody in granting a visa to the child.

The US Embassy granting a K-2, CR-2, or IR-2 does not affect the father's rights in the US. The father has all the rights of a parent in the US. Since the father is a citizen of the US residing in the US, and both mother and child will be in the US, it is now US laws that will determine child support and custody. Philippines laws no longer apply. They are now all under the jurisdiction of US laws.

The father could agrue that his rights as a parent was ignored, since the Phil granted the mother sole custody/physical custody without consulting him. The mother knew of the said parent and how the absent father could be reached. It is and will be in the mothers best interest to consult with a family lawyer.

If his rights were ignored by the US Embassy in granting a visa to his son, are his rights under US laws are somehow affected? No. The US Embassy has no jurisdiction over family laws. Since all the parties are now in the US, US laws will apply concerning custody and child support. Mom, a US legal permanent resident, would be suing under US laws in a US court for child support for her US legal permanent son against his US citizen father who is living in the US.

Philippines laws controlled what happened when the child was in the Philippines. US laws on custody did not apply at that point. Only Philippines laws applied.

US laws control what happens now that all of them are here.

Also, how is the father who immigrated to the US without his son going to argue that it is an offense to his parental rights to grant the child a visa when both parents immigrated to the US? Seems like he would end up hurting his case.

Edited February 21, 2012 by aaron2020

[Vince and Cheryl 1]

That Philippines laws. That's not the US Embassy. Under Philippines laws, the father has essentially no rights when a child is illegitimate. The US Embassy would only be following Philippines laws on custody in granting a visa to the child.

The US Embassy granting a K-2, CR-2, or IR-2 does not affect the father's rights in the US. The father has all the rights of a parent in the US. Since the father is a citizen of the US residing in the US, and both mother and child will be in the US, it is now US laws that will determine child support and custody. Philippines laws no longer apply. They are now all under the jurisdiction of US laws.

If his rights were ignored by the US Embassy in granting a visa to his son, are his rights under US laws are somehow affected? No. The US Embassy has no jurisdiction over family laws. Since all the parties are now in the US, US laws will apply concerning custody and child support. Mom, a US legal permanent resident, would be suing under US laws in a US court for child support for her US legal permanent son against his US citizen father who is living in the US.

Philippines laws controlled what happened when the child was in the Philippines. US laws on custody did not apply at that point. Only Philippines laws applied.

US laws control what happens now that all of them are here.

Also, how is the father who immigrated to the US without his son going to argue that it is an offense to his parental rights to grant the child a visa when both parents immigrated to the US? Seems like he would end up hurting his case.

Makes a lot of sense thanks for this.

[Ontarkie 14,225]

Under the K2 visa. I think it will only be like that when my husband adopts my child. Ill definitely consult a lawyer. Thanks so much for your reply

You can't have this both ways. You cannot sue for child support, and then have you husband adopt your son. Your sons father either has rights to his son or he does not. You get child support from him he gets visitations and a relationship with his son. If you have your husband adopt your son that means the childs' BIO father has no rights to the boy and then you cannot get child support from him. And Yes the laws in the Philippines concerning the child does have weight in the US. Just as the laws regarding my ex and kids are carried over to here.

Edited February 21, 2012 by Ontarkie

[LIFE'SJOURNEY 970]

That Philippines laws. That's not the US Embassy. Under Philippines laws, the father has essentially no rights when a child is illegitimate. The US Embassy would only be following Philippines laws on custody in granting a visa to the child.

The US Embassy granting a K-2, CR-2, or IR-2 does not affect the father's rights in the US. The father has all the rights of a parent in the US. Since the father is a citizen of the US residing in the US, and both mother and child will be in the US, it is now US laws that will determine child support and custody. Philippines laws no longer apply. They are now all under the jurisdiction of US laws.

If his rights were ignored by the US Embassy in granting a visa to his son, are his rights under US laws are somehow affected? No. The US Embassy has no jurisdiction over family laws. Since all the parties are now in the US, US laws will apply concerning custody and child support. Mom, a US legal permanent resident, would be suing under US laws in a US court for child support for her US legal permanent son against his US citizen father who is living in the US.

Philippines laws controlled what happened when the child was in the Philippines. US laws on custody did not apply at that point. Only Philippines laws applied.

US laws control what happens now that all of them are here.

Also, how is the father who immigrated to the US without his son going to argue that it is an offense to his parental rights to grant the child a visa when both parents immigrated to the US? Seems like he would end up hurting his case.

Again aaron, the Father can argue his cases that his rights and financial responsibilities were taken on, by the new husband during his signing of the 864 form. Each state family laws are different, since I don't know the OP's finally residing state, nor the Father's you nor I can predict what would happen.

In Family court I have seen things happen that you nor I could predict. So don't say what will not happen.

[Ontarkie 14,225]

Ok here's what I found out from the Hague Convention (the Philippines are a part of it). When it comes to custody or adoptions the US will look at the foreign Country as if it was another State and follow the rules of that "state". In other words what the Philippines has already decided goes. This is how many Women from the Philippines are able to have their US spouse adopt their children so easily. That is because the US recognizes the laws of that Country saying the father has no rights.

Now the OP has stated that her husband will be adopting her son so looks like she wants to use the laws saying she has sole custody and the father has no rights to the child. And then wants child support from the father which will mean she will have to basically change her custody and will not be able to have her husband adopt. She can't have it both ways.

You must deal with international laws when it concerns a foreign born child.